Legislation usually lacks a systematic organization which makes the management and the access to norms a hard problem to face. A more analytic semantic unit of reference (provision) for legislative texts was identified. A model of provisions (provisions types and their arguments) allows to describe the semantics of rules in legislative texts. It can be used to develop advanced semantic-based applications and services on legislation. In this paper an automatic bottom-up strategy to qualify existing legislative texts in terms of provision (...) types is described. (shrink)

The present contribution proposes a reflection on the meanings of the actions of educational professionals when trying to prevent mental distress in their students and promote their well-being. This focus derives from the suggestion — indicated by Basaglia’s work in linking mental health to the existential, educational, social and cultural elements of everyone’s life conditions — that education can offer an important contribution to the development of, and support for, mental wellbeing. It would thus follow that educational professionals play a (...) potentially pivotal role in promoting mental health and in preventing possible disease, if they are aware of the possibilities and are appropriately trained. This paper, based on a phenomenological approach, refers to the words of schoolteachers and other educators collected in a qualitative educational research project and presents and explores possible ways of giving meaning to educational work in these areas. (shrink)

A widespread thesis in the analytical theory of law is that norms exist as linguistic entities. Rodolfo Sacco is one of the authors who have most fruitfully insisted, on the contrary, that there is no necessary correlation between norms and language, not even in the specific context of law. He thus extended the conceptualisation of legal normativity well beyond the boundaries of language through the notions of cryptotype and mute law. This paper takes into account two alternative hypotheses to the (...) hypothesis that norms exist as linguistic entities, which are respectively based on the concepts of deontic state-of-affairs and deontic noema. Both hypotheses are tested for their applicability to the phenomena investigated by Sacco under the notion of mute law, notably with reference to cryptotypes. The question is raised then of how the existence of cryptotypes can be inferred from behaviour. The paper emphasizes the role that can be played in this context by nomotrophic behaviour, that is, the behaviour that consists in a reaction to the violation of a norm. (shrink)

We almost every day direct our actions with reference to social, moral or legal norms and oughts. However, oughts and norms cannot be perceived through the senses: how can we “grasp” them, then? Adolf Reinach distinguishes enacted norms and oughts created through a social act of enactment, from moral norms and oughts existing in themselves independently of any act, knowledge or experience. I argue that this distinction is not a distinction between two species of oughts within a common genus: it (...) is rather a deeper ontological distinction between two modes of existence that are quite different, even though both are objective, according to Reinach. This ontological distinction is reflected in the way in which enacted oughts and moral oughts can be grasped, respectively: in the former case, the enacted ought is grasped by going back to the underlying social act from which it springs; in the latter, a “grasping through feeling” of the moral values is implied. (shrink)

This article explores the change in meaning of the term `utopia' between 1968 and today. It proposes an interpretation of 1968 based on the connection between utopia and desire; the emergence of subjectivity in history meant a new way of becoming subjects of one's own history, and a new understanding of socio-political change, as including daily life and personal emotions.

Custom is a complex phenomenon, and one that is hardly given a satisfying account, especially if it is assumed, as many legal positivists do, that law is only produced through acts of will. After examining five main reasons for the complexity of custom, I will consider Uberto Scarpelli’s thesis that customary law can be given an account within legal positivism through a reinterpretation of norm-generating facts as the manifestations of a will. But what kind of will is implied here, and (...) how can the underlying norm be inferred? I will first briefly examine Gaetano Carcaterra’s analysis of abduction as a method to infer norms from behaviors, and then distinguish six different forms of will possibly implied in a behavior which is relevant for the formation of a customary norm. I will finally focus on norm-oriented, or nomotropic will, and especially on nomotrophic will, that is, the will –implied and expressed in the reaction to the violation of a norm– that the infringed norm be valid. (shrink)

Qu’est-ce qu’une norme? Y a-t-il des relations logiques entre les normes? Sur quoi repose la validité d’un système normatif? Qu’est-ce que la validité déontique? Les verbes performatifs peuvent-ils agir sur le monde? Quelles sont les différentes façons d’agir en fonction d’une règle? Que sont les règles constitutives? Et qu’est-ce que la vérité? Ce sont là quelques-unes des questions que posent les essais d’Amedeo Giovanni Conte rassemblés dans cette anthologie. Ces essais offrent quelques-unes des contributions les plus originales et les plus (...) significatives de la philosophie du langage normatif. Amedeo Giovanni Conte (Pavie, 1934-Cava Manara, 2019), professeur émérite de l’Université de Pavie, membre de l’Accademia Nazionale dei Lincei, fut l’un des philosophes les plus originaux du droit italien. Parmi ses œuvres : Saggio sulla completezza degli ordinamenti giuridici (1962), les trois volumes de Filosofia del linguaggio normativo (1989-2001), Filosofia dell’ordinamento normativo (1997), Sociologia filosofica del diritto (2011) et Adelaster : Il nome del vero (2016). (shrink)

In its first part the article examines visions of the family during 1968 and the succeeding years. It concentrates in particular on alternative visions of the family, both at a theoretical level (as with David Cooper's Death of the Family), and at the level of social history, with the rise and fall of the commune movement. It does so with reference to a methodology which concentrates on relationships, principally those between the individual and the family, between family and between the (...) family and the state. In the second part it surveys the widespread changes that have beset family relations and family life in the advanced capitalist societies since 1968: the lowering of fertility rates, the gradual decline of marriage, the significant changes in the position of women in the family, the increase in individualisation, as manifested in the growth of single-member households. The article then seeks to explore the relationship, if any, between the movement of 1968 and these transformations in the family. It examines both conservative and progressive interpretations, and suggests that paradoxically the movement left few sediments in the relationship between family and civil society but rather more in that between the state and the family. (shrink)

Comme le dit le titre, ce travail collectif examine de divers points de vue des nœuds importants de la méthode historique, tels le rapport entre histoire et mémoire, entre oralité et écriture, ou encore l’importance de la catégorie du genre pour l’histoire, celle en particulier qui se prévaut des sources orales. Les contributions, présentées lors d’un colloque récent à l’Université d’Avignon, proviennent de divers pays et attestent la vivacité d’un débat qui se poursuit au niveau internationa...

The rapid dynamics of COVID-19 calls for quick and effective tracking of virus transmission chains and early detection of outbreaks, especially in the “phase 2” of the pandemic, when lockdown and other restriction measures are progressively withdrawn, in order to avoid or minimize contagion resurgence. For this purpose, contact-tracing apps are being proposed for large scale adoption by many countries. A centralized approach, where data sensed by the app are all sent to a nation-wide server, raises concerns about citizens’ privacy (...) and needlessly strong digital surveillance, thus alerting us to the need to minimize personal data collection and avoiding location tracking. We advocate the conceptual advantage of a decentralized approach, where both contact and location data are collected exclusively in individual citizens’ “personal data stores”, to be shared separately and selectively, voluntarily, only when the citizen has tested positive for COVID-19, and with a privacy preserving level of granularity. This approach better protects the personal sphere of citizens and affords multiple benefits: it allows for detailed information gathering for infected people in a privacy-preserving fashion; and, in turn this enables both contact tracing, and, the early detection of outbreak hotspots on more finely-granulated geographic scale. The decentralized approach is also scalable to large populations, in that only the data of positive patients need be handled at a central level. Our recommendation is two-fold. First to extend existing decentralized architectures with a light touch, in order to manage the collection of location data locally on the device, and allow the user to share spatio-temporal aggregates—if and when they want and for specific aims—with health authorities, for instance. Second, we favour a longer-term pursuit of realizing a Personal Data Store vision, giving users the opportunity to contribute to collective good in the measure they want, enhancing self-awareness, and cultivating collective efforts for rebuilding society. (shrink)

For John Forrester, the ‘case’, particularly in its psychoanalytic version, makes possible a science of the particular – knowledge open to the differences of individuals and situations. This article takes up that aspect of Forrester’s account that linked the psychoanalytic case with forms of autobiography – new narrations of that particular self. After Freud, many authors – literary and psychoanalytic – have taken up the challenge of narrating subjectivity in new forms, engaging a quasi-psychoanalytic framework. Focusing on Luisa Passerini’s (...) text Autobiography of a Generation, which deals with the Italian experience of 1968, the article examines some of the features of such hybrid texts, and argues that psychoanalysis makes a contribution not just to the forms of self-investigation they pursue, but more significantly to the search for a radically new methodology of narration. Such models end up as ‘impossible’ cases, but in so doing they explore new interdisciplinary means for understanding the historical shaping of subjectivity. (shrink)

This is a sketch of the basis and role of consciousness and the minimally required elements and constraints of any setting that may produce consciousness. It proposes that consciousness (as we know it) is a biologically-mediated product of evolved recursive and hierarchically nested representational systems that obey information theoretic principles and Bayesian (probabilistic) feedback and feedforward predictive modeling processes.

This is a conjecture about the conditions and operating structures that are required for the phenomenality of certain mental states. Specifically, full-blown phenomenality is assumed, as contrasted with constrained examples of phenomenal experience such as sensations of color and pain. Propositional attitudes and content, while not phenomenal per se, are standardly concurrent and may condition phenomenal states (e.g., when tied to false beliefs). It is conjectured that full phenomenality natively arises in coherent processes of situated sensory synthesis and representation (with (...) conceptual content) that are looped, mereologically whole and multi-dimensional. And that phenomenal states are typically phase-states within a parameterized conjoint structure of world and experiencer processes that are causally modulated across Markov blankets (which are conditionally independent and may be nested: cf. M. Kirchoff, et. al., 2017, 2018; and T. Burge, 2010, re: anti-individualism). Though they may, it is not accepted that phenomenally conscious states must be targets of higher-order representations (cf. A. Byrne, 2004). (shrink)

Despite drives’ importance for Nietzsche’s explanation of individuals’ values, controversies persist over how to interpret Nietzsche’s attribution of normative capacities to the drives themselves. On one reading, drives evaluate their aims and recognize the normative authority of other drives’ aims. On another, drives’ normative properties reduce to nonnormative, causal properties. Neither approach is satisfying. The former commits Nietzsche to the homuncular fallacy by granting drives complex cognitive capacities. The latter reading either commits Nietzsche to the naturalistic fallacy, having him derive (...) normative conclusions from descriptive premises, or eliminates normativity from his thought altogether. In response to this impasse, this article advances a Leibniz-informed interpretation of Nietzsche’s drive psychology. By construing the normative and efficient causal orders as parallel modes of explanation distinguished by one’s perspective, a Leibniz-informed reading captures the benefits of extant interpretations while avoiding their drawbacks. (shrink)

Del anormal al sujeto ce la resistencia -- Subjetividad y resistencia -- Vida cotidiana del habitante de calle -- Reflexión sobre el concepto de irrealidad como forma de resistencia y ejercicio de la libertad en la experiencia cinematográfica -- Poesía y resistencia.

This volume examines the property transformations in post-communist Central Eastern Europe (CEE) and focuses on the role of restitution and privatisation in such transformations. It argues that the theorisation of 'restitution' in post-communist CEE is incomplete in the transitional justice scholarship and in the literature on correction of historical wrongs. The book also argues that, for a more complete theorisation of (post-communist) restitution, the transformations of property in post-communist societies ought to be studied in a more holistic way. The main (...) legal vehicles used for such transformations, privatisation and restitution, should not be studied separately and in abstract, but in their reciprocal relationship, and in connection to the dimension of justice which each could achieve. Finally, the book integrates 'privatisation' in a theory of post-communist transformation of property. (shrink)

Historical dynamics around feminism, race, and rape discouraged extensive early Black involvement in anti-rape work in the United States. In Los Angeles, concern among women of color in the movement and a state initiative to fund poorly served areas converged to produce two new Black rape crisis centers in the mid-1980s. Ironically, state funding, an otherwise conservative influence on the anti-rape movement, has facilitated the progressive goal of expanding racial and ethnic diversity in the Los Angeles anti-rape movement. Racially homogeneous (...) organizations contributed more to diversifying the movement than integration within organizations. Despite differences in political perspective, women from older feminist groups and the new community-oriented centers now successfully work in coalition. (shrink)

The World Professional Association for Transgender Health’s Standards of Care, now in its seventh edition, is a frequently cited, internationally recognized, evidence-based document that details a comprehensive framework for gender-related care of trans people. However, the WPATH SOC still relies heavily in some cases on gatekeeping practices, dubbed “triadic therapy,” or a process where a trans patient is encouraged to seek out psychotherapy, and hormone therapy, and only then be able to engage in surgical options for transitioning. I use G. (...) Alan Marlatt’s harm reduction framework to argue that the triadic process creates its own set of harms that trans people have to contend with, especially insofar as it focuses on resolving gender dysphoria in a demanding, moralizing, and top-down way as opposed to enriching trans lives by reducing harms that prevent us from flourishing. Using Marlatt’s criterion that harm reduction ought to be bottom-up, low threshold, and not moralizing, I develop a list of suggestions for what ought to be centrally considered in treating trans patients. (shrink)

Монография предназначена для специалистов в области социальной философии, социологии и истории, а также для широкого круга читателей.

The research is devoted to the study of the phenomenon of spiritual culture of Modern times - creationism. Authors analyze the causes of creationist teachings, as well as develop a classification of forms of creationism. As such, the following are distinguished and analyzed: biblical creationism, scientific creationism, theological evolutionism, teleological creationism, alterism, missionary creationism. Biblical creationism is a literal understanding of the texts of the Bible relating to the creation of the Earth and man. Scientific creationism is an attempt by (...) individual scientists to combine scientific knowledge with religious beliefs. It gathers scientific evidence in favor of the biblical narrative, and, at the same time, rational arguments against the scientific theory of evolution. On the contrary, theological evolutionism, especially in the form of concordism, tries to reconcile the scientific and religious view of evolution. This is achieved through the interpretation of Biblical symbols through modern scientific concepts, or by the creation of a new pseudo-religion (for example, Teilhardism). Teleological creationism, in the modern form of Intelligent Design theory, popular in Western Protestantism, using the data of natural sciences, criticizes the foundations of the theory of biological evolution, thus demonstrating the gap of natural causality in order to justify the supernatural purposefulness of the Universe. Alterism asserts that the very nature of the world before original sin was different, therefore, the current knowledge of nature cannot correspond to the original plan of God reflected in the Bible. For the first time, highlighted and explored in this work, missionary creationism seeks to interpret the Bible from the point of view of concepts of modern science in order to bring a person with an already formed scientific picture of the world to faith. It is shown that most of the above forms demonstrate a pseudoscientific or pseudo-religious essence. The authors make an assumption about the origins of creationist teachings rooted in the introduction of elements of Neoplatonic philosophy into Christian teaching. The seeming contradiction between science and religion in understanding the evolution of nature finds its explanation through the disclosure of creationism's claim to understand the world as a "thing in itself". (shrink)

In response to the continued expansion of “red flag” laws allowing broader classes of people to petition a court for the removal of firearms from individuals who exhibit dangerous conduct, this paper argues that state laws should adopt a double-filter provision that balances individual rights and government public safety interests. The main component of such a provision is a special statutory category — “reporting party” — that enables a broader social network, such as co-workers or school administrators, to request that (...) a law enforcement officer file a petition for an Extreme Risk Protection Order. A double-filter provision would not give reporting parties a right to file a court petition directly. Instead, parties would file a request for petition with law enforcement officers, who must seek an ERPO from the court if they find the reporting party's information credible. That information is then transmitted to the court as a sworn affidavit of the reporting party. The goal is to facilitate a balanced policy model that widens the reporting circle in order to feed more potentially life-saving information into the system, mitigates the risk of erroneous deprivation of constitutionally protected due process and Second Amendment rights. (shrink)

There are many real-world applications like healthcare systems, job monitoring, well-being and personal fitness tracking, monitoring of elderly and frail people, assessment of rehabilitation and follow-up treatments, affording Fall Detection (FD) and ADL (Activity of Daily Living) identification, separately or even at a time. However, the two main drawbacks of these solutions are that most of the times, the devices deployed are obtrusive (devices worn on not quite common parts of the body like neck, waist and ankle) and the poor (...) battery life. Thus, this work proposes a low-power classification algorithm based on an Ensemble of KNN and K-Means algorithms (EKMeans) to identify Falls and High-Intensity ADL events such as running, jogging and climbing up stairs. The input of EKMeans are triaxial accelerometer data gathered from wrist-wearable devices. The proposal will be validated on the Fall&ADL publicly available datasets UMAFall, UCIFall and FallAllD, considering two kinds of activity labelling: Two-Class and Multi-Class. An exhaustive comparative study between our proposal, and the baseline algorithms KNN and a feed-forward Neural Network (NN) is deployed, where EKMeans outperformed clearly the Specificity (ADL classification) of the KNN and NN for the three datasets. Finally, a comparative battery consumption study has been included deploying the analyzed algorithms in a WearOS smartwatch, where EKMeans drains the battery from 100% to 0% in 27.45 hours, saving 5% and 21% concerning KNN and NN, respectively. Keywords: Human Activity Recognition, ADL Identification, Fall Detection TS Clustering, TS Classification, Wearable Devices, Low-Power HAR. (shrink)

Предназначено для преподавателей и студентов гуманитарных и естественно-научных специальностей университетов, сотрудников академических и научно-исследовательских организаций.